What a flying freehold really means
Normally a freehold includes the ground beneath your home and the airspace above it. A flying freehold breaks that neat picture: part of your property exists over or under land or a building that belongs to someone else. Classic examples are a bedroom built above a shared alleyway, a room overhanging a neighbour's garage, or a basement extending under the property next door.
The opposite situation, where part of your land lies beneath someone else's property, is sometimes called a 'creeping freehold'. Both raise the same core questions: who has the right to support, access and repair the shared structure?
Common examples of flying freeholds
- A room built over a shared passageway or driveway between two houses.
- A balcony or bay window extending over a neighbour's property.
- A converted house where rooms cross the boundary line above ground.
- A cellar or basement reaching under the adjoining property.
- Older terraces where upper floors overhang neighbouring buildings.
Why it matters to buyers and lenders
| Concern | Why it's an issue |
|---|---|
| Right of support | Your property relies on the structure below, which you may not own |
| Access for repairs | You may need to enter a neighbour's property to fix your part |
| Maintenance duties | Covenants may be unclear about who repairs the shared structure |
| Enforceability | Positive covenants can be hard to enforce against future owners |
| Mortgageability | Some lenders limit or decline lending on large flying freeholds |
Most concerns come down to rights and responsibilities being undocumented or unenforceable.
Indemnity insurance often solves it
For small flying freeholds, a one-off indemnity insurance policy is commonly used to satisfy lenders. It protects against losses if rights of support or access prove inadequate, and is usually inexpensive.
How to buy a flying freehold safely
1. Tell your solicitor early
Ask them to check the title for rights of support, access and repair covenants.
2. Check your lender's stance
Confirm your mortgage lender accepts flying freeholds and on what terms.
3. Get a proper survey
Have a surveyor assess the structure and the overhanging or underlying part.
4. Arrange indemnity insurance
For small flying freeholds, a policy often satisfies the lender's requirements.
5. Consider a deed of covenant
Where rights are missing, your solicitor may seek to put proper agreements in place.
Small vs large flying freehold
| Small (e.g. a bay window) | Large (e.g. a whole room) | |
|---|---|---|
| Mortgage impact | Usually minor | Can limit lender choice |
| Typical fix | Indemnity insurance | Legal rights and surveys needed |
| Resale impact | Generally low | May narrow buyer pool |
| Advice needed | Standard checks | Specialist legal advice |